States, Business Challenge Overtime Rule

Two major lawsuits have been filed in federal courts in Texas challenging the new Department of Labor overtime rule set to take effect on December 1.  Some 20 other states joined Texas in a challenge alleging that the new mandate violates the 10th Amendment of the US Constitution (the “State’s Rights amendment”).  This particular complaint…

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What’s Brewing: Overtime rules, Wage Hikes, Salt

It would be an understatement to say these are challenging times for the restaurant business, and, in particular, for the quick service sector. In fact, Dunkin’ franchise owners find themselves in the midst of a veritable superstorm of new government-mandated overtime rules, minimum wage hikes, family-leave requirements and now “voluntary” sodium disclosures as well. Possibly…

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3-Year OT Phase-In Filed

With the DOL overtime rule finalized and ready to take effect December 1st, there seemed to be little chance for relief from the coming doubling of the exemption threshold.  This past week however, the horizon was a bit less onerous as another possible legislative solution was filed in Congress.  Democratic Congressman Kurt Schrader (D-OR), along…

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Congress Positions for CRA on Overtime Rule

A full 44 Republican US Senators co-sponsored a resolution this week the calls for the formal disapproval of the Department of Labor’s new overtime exemption threshold.  The DOL overtime rule effectively doubles the former threshold of $23,660 to $47,476, below which all employees are automatically entitled to overtime pay.  The Congressional Review Act is a…

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New DOL Overtime Rules Released

The long-awaited final Overtime Rule, defining overtime exemption requirements for the so-called “White Collar Exemption”, was finally released this week by the Department of Labor.  The new rule will formally take effect on December 1 of this year, when the minimum salary exempting workers from overtime pay more than doubles to $913/week, an annualized figure…

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DOL Issues Still in the News

They may not be garnering as much interest as who’s using which bathroom, but a couple of noted controversial rulings by the Department of Labor continue to be very much in the forefront.  On the somewhat positive side of the ledger, DOL’s new overtime threshold, which had previously been projected to equate to $50,440 is…

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Congress Tries To Reign In DOL Overtime Rule

The aforementioned persuader rule is only one of a host of significant changes being foisted upon American business by the Department of Labor.  As we reported last week, DOL has sent its proposed final rule on the overtime threshold to OMB for final approval prompting Congress to consider legislation to overturn DOL’s dramatic expansion of…

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DOL Overtime Rule Sent To OMB

Without boring you with all the painful governmental details, the new Department of Labor mandated overtime rules have been sent to the White House Office of Management and Budget (OMB) for their final review before becoming effective.  OMB review typically takes a month or two to complete, but with the prospect of the Congressional Review…

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DOL Looks to Expedite New OT Rule

Last fall, the Department of Labor (DOL) released a regulatory agenda targeting this coming July for the release of its final rule on the implementation of the new overtime “white collar exemption”.  It is beginning to look however, like DOL will expedite the new OT rules and make it effective as early as the spring! …

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DOL Plans Active Final Year Under Obama

In this, the final year of the Obama Presidency, the Department of Labor (DOL) is planning a flurry of new rules and regulatory activities according to a report on comments made by DOL Solicitor M. Patricia Smith to the New York State Bar Association.  At the Association’s Annual Meeting last week, Smith advised the attorneys…

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